Terms of Use
FAMILY PROMISE OF FULTON COUNTY, INC. D/B/A FAMILY PROMISE OF NORTH FULTON/DEKALB
WEBSITE TERMS OF USE
Last updated: June 3, 2022
Acceptance of Terms of Use
This Terms of Use Agreement (the "Agreement") states the terms and conditions under which you may
use this website (the "Site"). The Site contains information relating to Family Promise of Fulton County,
Inc. d/b/a Family Promise of North Fulton/Dekalb (“Family Promise”). The Agreement controls your use
and access to the Family Promise Site and online information. By accessing, browsing and/or using the
Site, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement.
If you do not accept the Agreement (and therefore do not agree to be bound by the Agreement), do not
use the Site. Family Promise reserves the right to amend the Agreement at any time by posting the
amended terms on the Site and changing the “last updated” date above.
Use of Site and Content
You acknowledge that the copyrights, trademarks, service marks, trade secrets, patents, or other
proprietary and intellectual rights of this Site belong to Family Promise or other parties that licensed their
material to Family Promise (“Family Promise Content”). Moreover, you agree that nothing on this Site
gives you any license to Family Promise or any third party intellectual property rights. You acknowledge
Family Promise Content is owned by Family Promise and these rights are valid and protected in all
forms, media, and technologies existing now and hereinafter developed. You shall not claim ownership
over any Family Promise Content by reason of your use of or any right to use the Site or create or
change the status of any lien or other security interest or legal rights. You may not modify, redistribute,
or sell any Family Promise Content, in whole or in part, without written permission from Family Promise.
You may view, print, store, archive, and use the Family Promise Content on the Site (without alteration,
website framing, or redaction) solely for your personal, noncommercial use or for the benefit of Family
Promise. Family Promise reserves all other uses of the Site.
You will use the Family Promise Content and the Site for only lawful purposes. You are prohibited from
using the Family Promise Content or the Site to (i) harm or threaten to harm any person or organization;
(ii) damage or threaten to damage any network, system, computer, or physical or intangible property; or
(iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise
violate any applicable local, state, national, or international law or regulation.
Moreover, this Site and any services provided by Family Promise are only available to individuals who
are legally in the jurisdiction of the United States.
Third-Party Websites
The Site provides links to third-party websites ("Third-Party Sites") for specific purposes, such as making donations. While Family Promise strives to provide accurate and quality information, we do not endorse any content in a Third-Party Site. FAMILY PROMISE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DOES FAMILY PROMISE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND FAMILY PROMISE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. Visit Third-Party Sites at your own risk and take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs.
Your use of a Third-Party Site and the collection and use of your personal information at such site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by this Agreement or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.
Family Promise expressly disclaims any liability derived from the use and/or viewing of links that may appear on its Site. All users of this Site hereby agree to hold Family Promise harmless from any liability that may result from using all links (including links to third-party websites) that may appear on this Site.
Disclaimer of Warranty
THE FAMILY PROMISE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF
THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES
ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL, OR MEDICAL
ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING
RELATIONSHIP BETWEEN FAMILY PROMISE AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE
AND AGREE THAT THE SITE AND THE FAMILY PROMISE CONTENT THEREIN ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. FAMILY PROMISE, NOR ANY OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, OR LICENSEES (COLLECTIVELY THE
"SITE PARTIES") GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE FAMILY PROMISE CONTENT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
NONE OF THE SITE PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE FAMILY PROMISE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE SITE PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY FAMILY PROMISE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-
PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES
DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL FAMILY PROMISE OR ANY SITE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE FAMILY PROMISE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD-PARTY SITES TO WHICH THIS SITE IS LINKED. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION OR ANY FAMILY PROMISE CONTENT AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL ANY SITE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE FAMILY PROMISE CONTENT, SERVICE, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SITE PARTIES'
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Indemnification
You agree to indemnify, defend, and hold harmless the Family Promise and the Site Parties from and
against any and all claims (including third party claims), losses, expenses, or demands of liability,
including reasonable attorneys’ fees and costs incurred by the Site Parties in connection with any claim
(including any intellectual property claims) related in any way to your use of the Site or your violation
of this Agreement.
Payment Policy
In order to utilize some Family Promise services or product offerings (such as purchasing an item in our online store) or to make a donation, the user of such Services or product offerings and/or the donor, as applicable, must pay Family Promise either a recurring subscription or one-time fee or payment. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
If you sign up for a recurring donation, you authorize Family Promise (and/or its payment processing vendors) to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges or payments will vary depending on the donation plan you select. Family Promise reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase product offerings Family Promise may offer for a fee, you authorize Family Promise (and/or its payment processing vendors) to charge your chosen payment provider for the products you purchase. You agree that if Family Promise already has your credit card on file as a result of prior purchases you have made, Family Promise may charge that credit card for the additional products you purchase unless you provide an acceptable alternate form of payment.
Some Family Promise recurring donations will continue indefinitely until canceled by the user. After your initial donation commitment period, and again after any subsequent donation period, your recurring donation will automatically renew for an additional equivalent period as the donation term you originally selected and at the donation rate and frequency disclosed to you on the Site when you originally agreed to make recurring donations, unless otherwise provided at the time you subscribed. If you sign up for a payment plan that allows you to be charged monthly over the donation period and you decide to cancel your donation during the period, you acknowledge and agree that you will continue to be billed for the donation on a monthly basis until its originally scheduled expiration date.
All payments for products and all donations are non-refundable. Notwithstanding the foregoing, if you have a recurring donation agreement that is automatically renewed, Family Promise will refund the most recent charge to your credit card if you cancel your donation within thirty (30) days after the most recent charge. The refund will apply to the most recent charge only. Donations are not refundable except as expressly provided in this paragraph.
Termination
Family Promise reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Family Promise Content, at any time and for any reason without prior notice or liability. Family Promise reserves the right to change, suspend, or discontinue all or any part of the Site or the Family Promise Content at any time without prior notice or liability.
If Family Promise determines that you are not eligible to use the Site, have violated any terms stated herein or any additional Family Promise terms or policies, are not suitable for participation in the use of the Site, or have misused or misappropriated Family Promise Content, including but not limited to use on a “mirrored”, competitive, or Third-Party Site, Family Promise reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Family Promise Site, with or without notice.
Agreement to Arbitrate
You agree that any and all disputes or claims that have arisen or may arise between you and Family Promise or the Site Parties, whether relating to this Agreement (including any alleged breach thereof), the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You agree that arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, Consumer_Rules_Web_2.pdf (adr.org).
Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules.
Miscellaneous
If any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If Family Promise fails to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of Family Promise’s right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between you and Family Promise nor trade practice shall act to modify any provision of the Agreement.
Additional written terms and conditions posted on the Site or executed in writing with you, including but not limited to, a Privacy Policy, govern the use of the Site and Family Promise Content and supersede any oral or other communication between the parties concerning the Site and Family Promise Content.
Privacy
The Family Promise Website Privacy Policy applies to your use of this Site and is incorporated into this
Agreement. Please review the Family Promise Website Privacy Policy and related information about
your privacy and Family Promise’s use of your information.
You hereby acknowledge and agree that you are responsible for:
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protecting all of your account and password information applicable to your use of the Site;
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restricting all access and use to your computer, cell phone, or other devices used to access the Site; and
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all activity associated with your account due to your failure to protect such information.
Contact Us
If you have any questions, issues, concerns, or complaints regarding this Site, please email us at info@familypromisenfd.com. If you have any questions about Family Promise’s collection or use of personal information, please see our Website Privacy Policy.